Liberty Mutual Insurance v. White

Patrick Linehan was employed as a truck driver by the Lisk Manufacturing Company. In December, 1925, while engaged in the performance of his duties, his truck and the automobile of the defendant collided and Linehan was injured.

Linehan elected to take compensation as provided by the Workmen’s Compensation Law and thereupon assigned his claim against the defendant to the plaintiff who was the insurance carrier of the Lisk Manufacturing Company. The plaintiff now sues upon this claim to recover damages for injuries sustained by Linehan.

The defendant in his answer sets up as a separate defense…